House committee substitute makes the following changes to 1st edtion.
Amends proposed GS 15A-1331B, clarifying Class B1 and B2 felonies (rather than Class B). Clarifies that at the time the state prays judgment, or 12 months from the date of the prayer for judgment continued order, whichever is earlier, then the court must enter a final judgment unless the court finds that it is in the interest of justice to continue the order for prayer for judgment continued. Provides that the order must be continued for a specific period of time not to exceed 12 months, if the court continues the order for PJC. Prohibits the court from continuing a prayer for judgment continued order for more than one additional 12-month period. Makes a conforming change to the bill title.
LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).
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TO PROVIDE THAT THE COURT SHALL NOT DISPOSE OF A CRIMINAL ACTION THAT IS A CLASS B, C, D, OR E FELONY BY ORDERING A PRAYER FOR JUDGMENT CONTINUED THAT EXCEEDS TWELVE MONTHS.Intro. by Spear.
Status: Ref To Com On Judiciary II (Senate Action) (May 2 2011)
Bill History:
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Wed, 6 Apr 2011 House: Filed
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Thu, 7 Apr 2011 House: Passed 1st Reading
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Thu, 7 Apr 2011 House: Ref To Com On Judiciary Subcommittee B
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Wed, 27 Apr 2011 House: Reptd Fav Com Substitute
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Wed, 27 Apr 2011 House: Cal Pursuant Rule 36(b)
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Wed, 27 Apr 2011 House: Placed On Cal For 4/28/2011
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Thu, 28 Apr 2011 House: Passed 2nd & 3rd Reading
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Fri, 29 Apr 2011 Senate: Rec From House
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Mon, 2 May 2011 Senate: Passed 1st Reading
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Mon, 2 May 2011 Senate: Ref To Com On Judiciary II
H 852
Bill Summaries:
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Bill H 852 (2011-2012)Summary date: Apr 27 2011 - View Summary
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Bill H 852 (2011-2012)Summary date: Apr 8 2011 - View Summary
Enacts new GS 15A-1331B, as the title indicates. Further requires that if the court enters a prayer for judgment continued in a criminal action that is a Class B, C, D, or E felony, the court must include a condition that the state will pray judgment within 12 months and requires the court to enter a final judgment at the earlier of the time that the state prays judgment or 12 months from the date of the prayer for judgment continued order. Applies to criminal actions heard by the court on or after December 1, 2011.
View: All Summaries for Bill